GOBIND Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) JUDGMENT debtor (JD) has filed this revision petition under Article 227 of the Constitution of India impugning order dated 29.04.2013 (Annexure P 3) passed by the Executing Court thereby ordering the JD ­ petitioner to be sent to Civil Prison for two months, in execution petition filed by respondent ­ decree holder (DH) State Bank of India, for execution of money decree.

(2.) PETITIONER had taken loan from the respondent. The matter was taken up in pre litigative Lok Adalat for settlement. Respondent presented claim of Rs.1,01,758/ . Settlement was effected at Rs.90,000/ payable in six half yearly instalments of Rs.15,000/ each. Thus, substantial benefit was granted to the JD in the settlement by reducing the amount including further interest for three years during which settled amount was payable. However, in spite thereof, the JD petitioner committed default in payment of instalments, necessitating the filing of execution petition by the DH.

(3.) I have heard counsel for the petitioner and perused the case file.